Lay Representation

The Council has produced new rules which will come into force next month amending the scope of a lay representative's power in the Scottish courts.

These rules have been developed by the Access to Justice Committee as part of its review of the current rules relating to lay representation and lay support.

The new rules provide that, although there is not an automatic right for a lay representative to represent a party, a lay representative can make an application to do so if it would be in the interests of justice. If this application is granted, the lay representative may then represent a party in full. This means that the lay representative may do anything in the preparation or conduct of the hearing that the party litigant may do if they were representing themselves in the proceedings.